[House Report 113-339]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-339

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  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3590) TO PROTECT AND 
ENHANCE OPPORTUNITIES FOR RECREATIONAL HUNTING, FISHING, AND SHOOTING, 
                         AND FOR OTHER PURPOSES

                                _______
                                

  February 3, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

              Mr. Sessions, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 470]

    The Committee on Rules, having had under consideration 
House Resolution 470, by a record vote of 9 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3590, the 
Sportsmen's Heritage And Recreational Enhancement Act of 2013 
(SHARE Act of 2013), under a structured rule. The resolution 
provides one hour of general debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Natural Resources. The resolution waives all 
points of order against consideration of the bill and provides 
that it shall be considered as read. The resolution waives all 
points of order against provisions in the bill. The resolution 
makes in order only those amendments printed in this report. 
Each such amendment may be offered only in the order printed in 
this report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in this report. The resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 105

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #21, offered by Rep. Holt 
(NJ) and Rep. Thompson (CA) and Rep. Reichert (WA) and Rep. 
Veasey (TX) and Rep. Fitzpatrick (PA) and Rep. Dingell (MI) and 
Rep. McGovern (MA) and Rep. Gibson (NY) and Rep. Kirkpatrick 
(AZ) and Rep. Coble (NC) and Rep. Butterfield (NC) and Rep. 
Gerlach (PA), which reauthorizes the Land and Water 
Conservation Fund (LWCF) for five years. The LWCF uses revenues 
from oil and gas leasing on the Outer Continental Shelf to help 
preserve, develop and ensure access to outdoor recreation 
resources. Defeated: 2-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................  ............
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................  ............
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 106

    Motion by Ms. Foxx to report the rule. Adopted: 9-2

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................  ............
Mr. Bishop of Utah..............................          Yea   Mr. McGovern......................          Nay
Mr. Cole........................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................  ............
Mr. Nugent......................................          Yea
Mr. Webster.....................................          Yea
Ms. Ros-Lehtinen................................          Yea
Mr. Burgess.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Hastings, Doc (WA): MANAGER'S Makes technical, 
clarifying and conforming changes to the Committee Print. (10 
minutes)
    2. Hanna (NY): Requires a report on economic impacts of the 
Act. The report would include any expected increases in 
recreational hunting, fishing, shooting, and conservation 
activities; an estimate of jobs created to support such 
activities; an estimate of wages related to these jobs; and 
estimate of anticipated new local, State, and Federal revenue. 
(10 minutes)
    3. Castro (TX): Ensures that women and minority groups, as 
appropriate, are included for membership on the Wildlife and 
Hunting Heritage Conservation Council Advisory Committee. (10 
minutes)
    4. Gallego (TX): Adds veterans service organizations to the 
list of discretionary members of the Wildlife and Hunting 
Heritage Conservation Council Advisory Committee. Many 
organizations, including the VA, include outdoor activities to 
help wounded veterans in their rehabilitation efforts. (10 
minutes)
    5. Broun (GA): Requires that hunting, trapping, netting and 
fishing activities be included as land use in all land 
management plans to the extent that these activities are not 
clearly inconsistent with the purposes for which the Federal 
land is managed. (10 minutes)
    6. Ellison (MN): Strikes the National Environmental Policy 
Act waivers in the bill. (10 minutes)
    7. Smith, Jason (MO): Preserves current motorized vessel 
management in the Ozark National Scenic Riverways, a National 
Park in Southeast Missouri. (10 minutes)
    8. Crawford (AR): Allows the State office of the 
Cooperative Extension System of the Department of Agriculture 
and State department of fish and wildlife to determine regular 
agricultural practices for purposes of federal hunting 
guidelines. (10 minutes)
    9. Fleming (LA): Restores hunting access to the Kisatchie 
National Forest for deer hunting with dogs. Includes private 
property protections. (10 minutes)
    10. Holt (NJ), Connolly (VA), Lowenthal (CA), Van Hollen 
(MD), Langevin (RI), Cartwright (PA), Ellison (MN), Blumenauer 
(OR), Grijalva (AZ), Shea-Porter (NH), Capps (CA), Quigley 
(IL), Delaney (MD), Davis, Susan (CA), Matsui (CA): Promotes 
the Secretary of the Interior's authority to consider climate 
change when making decisions related to recreation and 
conservation on public lands. (10 minutes)
    11. Kildee (MI): Maintains access to National Forest System 
lands for snowmobilers while a winter Travel Management Rule 
for National Forests is finalized. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Hastings of Washington 
               or His Designee, Debatable for 10 Minutes

  Page 1, lines 5 and 6, strike ``of 2013''.
  Page 13, line 10, strike ``of 2013''.
  Page 15, line 2, strike ``of 2013''.
  Page 15, line 7, strike ``of 2013''.
  Page 22, line 12, strike ``of 2013''.
  Page 27, strike lines 13 and 14 and redesignate the remaining 
clauses accordingly.
  Page 29, line 20, strike ``shall'' and insert ``may''.
  Page 32, line 13, strike ``Effective'' and all that follows 
through line 19, and insert the following: ``Upon publication 
of the first notice required under section 8(c) of the Wildlife 
and Hunting Heritage Conservation Council formed in furtherance 
of section 441 of the Revised Statutes (43 U.S.C. 1457), the 
Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts 
applicable to specific bureaus of the Department of the 
Interior is hereby abolished.''.
  Page 41, lines 17 and 18, strike ``this determination'' and 
insert ``the provision of opportunities for hunting, fishing, 
and recreational shooting under the authority of this title''.
  Page 41, line 20, insert ``, road construction or 
maintenance,'' after ``access''.
  Page 41, lines 22 and 23, strike ``, or permanent road 
construction or maintenance''.
  Page 42, line 14, strike ``such implementation'' and insert 
``the provision of opportunities for hunting, fishing, and 
recreational shooting under the authority of this title''.
  Page 42, line 16, strike ``or permanent road construction or 
use'' and insert ``motorized recreational access, road 
construction or maintenance, or use that is not otherwise 
allowed under the Wilderness Act (16 U.S.C. 1131 et seq.)''.
  Page 45, line 18, strike ``head''.
  At the end of the bill, add the following new title (and 
amend the table of contents accordingly):

               TITLE IX--RESPECT FOR TREATIES AND RIGHTS

SEC. 901. RESPECT FOR TREATIES AND RIGHTS.

  Nothing in this Act or the amendments made by this Act shall 
be construed to affect or modify any treaty or other right of 
any federally recognized Indian tribe.
                              ----------                              


 2. An Amendment To Be Offered by Representative Hanna of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 3, before line 1, insert the following (and conform the 
table of contents accordingly):

SEC. 3. REPORT ON ECONOMIC IMPACT.

  Not later than 12 months after the date of the enactment of 
this Act, the Secretary of Interior shall submit a report to 
Congress that assesses expected economic impacts of the Act. 
Such report shall include--
          (1) a review of any expected increases in 
        recreational hunting, fishing, shooting, and 
        conservation activities;
          (2) an estimate of any jobs created in each industry 
        expected to support such activities described in 
        paragraph (1), including in the supply, manufacturing, 
        distribution, and retail sectors;
          (3) an estimate of wages related to jobs described in 
        paragraph (2); and
          (4) an estimate of anticipated new local, State, and 
        Federal revenue related to jobs described in paragraph 
        (2).
                              ----------                              


3. An Amendment To Be Offered by Representative Castro of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 27, after line 18, insert the following:
                          ``(xiii) Women's hunting and fishing 
                        advocacy, outreach, or education 
                        organization.
                          ``(xiv) Minority hunting and fishing 
                        advocacy, outreach, or education 
                        organization.
                              ----------                              


4. An Amendment To Be Offered by Representative Gallego of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 27, after line 18, insert the following:
                          ``(xiii) Veterans service 
                        organization.''.
                              ----------                              


5. An Amendment To Be Offered by Representative Broun of Georgia or His 
                   Designee, Debatable for 10 Minutes

  Page 37, strike line 1 through page 45, line 24, and insert 
the following (conform the table of contents accordingly):

SEC. 804. HUNTING ON FEDERAL PUBLIC LAND.

  (a) Purpose.--The purpose of this section is to require that 
hunting activities be a land use in all management plans for 
Federal public land to the extent that such use is not clearly 
incompatible with the purposes for which the Federal public 
land is managed.
  (b) Hunting Allowed Unless Incompatible.--When developing or 
considering approval of a management plan (or any amendment to 
such a management plan) for Federal public land, the head of 
the agency with jurisdiction over such Federal public land 
shall ensure that hunting activities are allowed as a use of 
such Federal public land to the extent that such use is not 
clearly incompatible with the purposes for which the Federal 
public land is managed.
  (c) Prohibiting or Restricting Hunting.--
          (1) Reasons set forth in management plan.--If hunting 
        activities are not allowed or are restricted on Federal 
        public land, the head of the agency with jurisdiction 
        over such Federal public land shall set forth in the 
        management plan for that Federal public land the 
        specific reason that hunting activities are not allowed 
        or are restricted.
          (2) Restriction clarified.--For the purposes of this 
        subsection--
                  (A) allowing contract or quota thinning of 
                wildlife shall not constitute allowing 
                unrestricted hunting; and
                  (B) a fee charged by any entity related to 
                hunting activities on Federal public land that 
                is in excess of that needed to recoup costs of 
                management of the Federal public land shall be 
                deemed to be a restriction on hunting.
  (d) Shooting Ranges.--
          (1) In general.--The head of each Federal agency 
        shall use his or her authorities in a manner consistent 
        with this title and other applicable law, to--
                  (A) lease or permit use of lands under the 
                jurisdiction of the agency for shooting ranges; 
                and
                  (B) designate specific lands under the 
                jurisdiction of the agency for recreational 
                shooting activities.
          (2) Limitation on liability.--Any designation under 
        paragraph (1)(B) shall not subject the United States to 
        any civil action or claim for monetary damages for 
        injury or loss of property or personal injury or death 
        caused by any activity occurring at or on such 
        designated lands.
  (e) Authority of the States.--Nothing in this title shall be 
construed as interfering with, diminishing, or conflicting with 
the authority, jurisdiction, or responsibility of any State to 
exercise primary management, control, or regulation of fish and 
wildlife under State law (including regulations) on land or 
water within the State, including on Federal public land.
  (f) Fees.--Fees charged related to hunting activities on 
Federal public land shall be--
          (1) retained by the head of the agency with 
        jurisdiction over such Federal public land to offset 
        costs directly related to management of hunting on the 
        Federal public land upon which hunting activities 
        related to the fee are conducted; and
          (2) limited to what the Secretary reasonably 
        estimates to be necessary to offset costs directly 
        related to management of hunting on the Federal public 
        land upon which hunting activities related to the fee 
        are conducted.
  (g) Definitions.--In this section--
          (1) the term ``Federal public land'' means any land 
        or water that is owned and managed by the Bureau of 
        Land Management or the Forest Service;
          (2) the term ``hunting'' means hunting, trapping, 
        netting, and fishing; and
          (3) the term ``management plan'' means a management 
        plan, management contract, or other comprehensive plan 
        or agreement for the management or use of Federal 
        public land.
  (h) Applicability.--This section shall apply to all 
management plans developed, approved, or amended after the date 
of the enactment of this section.
                              ----------                              


6. An Amendment To Be Offered by Representative Ellison of Minnesota or 
                 His Designee, Debatable for 10 Minutes

  Page 38, strike line 20 through page 39, line 6.
  Page 39, line 7, strike ``(3)'' and insert ``(2)''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Smith of Missouri or 
                 His Designee, Debatable for 10 Minutes

  Page 44, line 22, strike ``Nothing'' and insert ``Except as 
provided by subsection (l), nothing''.
  Page 45, after line 24, insert the following:
  (l) Motorized Vessels in the Ozark National Scenic 
Riverways.--The Secretary of the Interior--
          (1) shall manage the Ozark National Scenic Riverways 
        to allow the use of motorized vessels in a manner that 
        is not more restrictive than the use restrictions in 
        effect on November 21, 2013; and
          (2) may manage the Ozark National Scenic Riverways to 
        allow the use of motorized vessels in a manner that is 
        less restrictive than the use restrictions in effect on 
        November 21, 2013.
                              ----------                              


8. An Amendment To Be Offered by Representative Crawford of Arkansas or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

TITLE __--EXEMPTIONS FOR TAKING MIGRATORY BIRDS ON CERTAIN AGRICULTURAL 
                                  LAND

SEC. _01. SHORT TITLE.

  This title may be cited as the ``Hunter and Farmer Protection 
Act''.

SEC. _02. EXEMPTIONS ON CERTAIN LAND.

  Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended by adding at the end the following:
  ``(c) Exemptions on Certain Land.--
          ``(1) In general.--Nothing in this section prohibits 
        the taking of any migratory game bird, including 
        waterfowl, coots, and cranes, on or over land that--
                  ``(A) contains--
                          ``(i) a standing crop or flooded 
                        standing crop, including an aquatic 
                        crop;
                          ``(ii) standing, flooded, or 
                        manipulated natural vegetation;
                          ``(iii) flooded harvested cropland; 
                        or
                          ``(iv) an area in a State on which 
                        seed or grain has been scattered solely 
                        as the result of an agricultural 
                        planting, harvesting, or post-harvest 
                        manipulation practice, or a soil 
                        stabilization practice, that the head 
                        of the State office of the Cooperative 
                        Extension System of the Department of 
                        Agriculture has determined in 
                        accordance with paragraph (2) to be a 
                        normal practice in that State; and
                  ``(B) is not otherwise a baited area.
          ``(2) State determinations.--
                  ``(A) In general.--The head of a State office 
                of the Cooperative Extension System may make a 
                determination for purposes of paragraph 
                (1)(A)(iv) upon the request of the Secretary of 
                the Interior.
                  ``(B) Revisions.--The head of a State office 
                of the Cooperative Extension System may revise 
                a determination under subparagraph (A) as the 
                head of a State office determines to be 
                necessary to reflect changing agricultural 
                practices.
                  ``(C) Concurrence required.--A determination 
                or revision under this paragraph shall not be 
                effective for purposes of this subsection 
                unless the head of the State department of fish 
                and wildlife concurs therein.''.
                              ----------                              


9. An Amendment To Be Offered by Representative Fleming of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  Add at the end of the bill, add the following (and conform 
the table of contents accordingly):

SEC. 805. RESTRICTIONS ON HUNTING IN KISATCHIE NATIONAL FOREST.

  (a) Hunting in Kisatchie National Forest.--Consistent with 
the Act of June 4, 1897 (16 U.S.C. 551), the Secretary of 
Agriculture may not restrict the use of dogs in deer hunting 
activities in Kisatchie National Forest, unless such 
restrictions--
          (1) apply to the smallest practicable portions of 
        such unit; and
          (2) are necessary to reduce or control trespass onto 
        land adjacent to such unit.
  (b) Prior Restrictions Void.--Any restrictions regarding the 
use of dogs in deer hunting activities in Kisatchie National 
Forest in force on the date of the enactment of this Act shall 
be void and have no force or effect.
  (c) Adjacent Landowners.--Landowners whose property abuts a 
unit of the Kisatchie National Forest may petition the 
Secretary of Agriculture to restrict the use of dogs in deer 
hunting activities that take place on such unit which abut 
their property. If the Secretary of Agriculture receives a 
petition from an adjacent landowner, the Secretary, after 
notice and opportunity for a hearing, may impose restrictions 
on the use of dogs in deer hunting--
          (1) limited to those units of the Kisatchie National 
        Forest within 300 yards of the boundary of the 
        petitioning landowner's property; and
          (2) consistent with subsection (a).
                              ----------                              


10. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

                        TITLE IX--CLIMATE CHANGE

SEC. 901. AUTHORITY OF THE SECRETARY OF THE INTERIOR TO PLAN FOR A 
                    CHANGING CLIMATE.

  Nothing in this Act limits the authority of the Secretary of 
the Interior to include climate change as a consideration in 
making decisions related to conservation and recreation on 
public lands.
                              ----------                              


11. An Amendment To Be Offered by Representative Kildee of Michigan or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

 TITLE IX--SENSE OF CONGRESS REGARDING SNOWMOBILES ON NATIONAL FOREST 
                              SYSTEM LANDS

SEC. 901. FINDINGS AND PURPOSE.

  (a) Findings.--Congress finds the following:
          (1) The clear identification of roads, trails, and 
        areas for motor vehicle use in each National Forest 
        will improve management of National Forest System lands 
        and protect these national treasures, enhance 
        opportunities, and address access for motorized 
        recreation experiences on National Forest System lands 
        and preserve areas of opportunity in each National 
        Forest for non-motorized travel and experiences.
          (2) The sport of snowmobiling supports thousands of 
        jobs across the country and provides a variety of 
        enriching recreational opportunities for both families 
        and individuals.
          (3) In 2005, the Forest Service promulgated a Travel 
        Management Rule that required travel management plans 
        for off-road vehicles, with the exception of 
        snowmobiles, on all lands managed by the Forest 
        Service.
          (4) Under the 2005 Travel Management Rule, the 
        Department of Agriculture deemed that the use of 
        snowmobiles on National Forest System lands presented a 
        different set of management issues and environmental 
        impacts on National Forest System lands than the use of 
        other types of motor vehicles. Therefore, the final 
        rule exempted snowmobiles from the mandatory 
        designation scheme provided for under section 212.51 of 
        title 36, Code of Federal Regulations, but retained the 
        National Forest System's ability to allow, restrict or 
        prohibit snowmobile travel, as appropriate, on a case-
        by-case basis.
          (5) In 2013, the Ninth U.S. District Court of Idaho 
        ruled in the case captioned as Winter Wildlands 
        Alliance v. US Forest Service, Case No. 1:11-cv-00586-
        REB, ruled that the Forest Service must promulgate 
        travel management rules that include snowmobiles. The 
        Ninth U.S. District Court of Idaho required that the 
        final rule be promulgated by September 14, 2014, 
        barring no additional extension.
  (b) Sense of Congress.--It is the sense of Congress that the 
Forest Service should continue to allow snowmobiles access to 
National Forest System lands at the same levels as were allowed 
as of March 28, 2013, subject to closures for public health and 
safety at the discretion of the respective agencies, until a 
final travel management rule is promulgated for snowmobiles.

                                  
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